What Happens At The Administrative Hearing?

An individual served with a DC-27 form can contest their driver’s license suspension by requesting an administrative hearing. It must be requested in writing along with a fee being paid. This request has to be postmarked with 14 days of the issuance of the DC-27 form.

Follow this link to learn more about the DC-27 Officers Certification and Notice of Suspension.

There is limited discovery that you can do to prepare for the administrative hearing. Individuals are entitled to the following information before the hearing is held:

The officer’s certification and notice of suspension.

If a breath or blood test was failed, the copies of the documents showcasing the result of the evidentiary breath or blood test administered by the law enforcement officer.

If a breath test was failed, a copy of an affidavit verifying the officer and instrument’s certification.

If a breath test was failed, a copy of the Kansas Department of Health and Environment testing protocol checklist.

An order from the Division of Motor Vehicles allowing the individual or their lawyer to review any audio or videotape made of the event in question which the administrative hearing is being conducted for.

The above listed discovery is usually sent to either the individual who requested the hearing or their attorney via us mail. However, item 5 will not be sent to the licensee. The division will also send notice of when and where the hearing will be conducted.

Several people will be present at the administrative hearing. Multiple hearings will be conducted on that day. Your side consists of you and your attorney. The other side consists of the law enforcement officer(s) who certified your DC-27 along with anyone else who was physically present when you were served with the DC-27 that you requested to be there. The last person at this hearing is from the Kansas Department of Revenue and they are the Administrative Hearing Officer (Judge).

Only certain topics can be discussed at this hearing as they are limited in scope. If you start talking about something not within the scope of the hearing the judge will either let you continue or correct you by saying you need to stay within the scope of the hearing. The judge only considers evidence which is inside the hearing’s scope.

What you can talk about if you refused the blood or breath test.

Whether or not the law enforcement officer had reasonable grounds to believe the individual was attempting to operate or operating a vehicle while under the influence of drugs or alcohol, or both, or had been driving a commercial vehicle when they had drugs or alcohol in their system.

Whether or not the individual in custody or arrested for a drug or alcohol offense or was involved in a collision or accident that resulted in damage to property, personal injury, or death.

Whether or not the law enforcement officer had followed the requirements of K.S.A. 8-1001 of presenting the individual with the oral and written notice. (See, what is the DC-70)

Whether or not the individual actually refused to take the test requested by the officer.

What you can talk about if you failed the breath test.

Whether or not the law enforcement officer had reasonable grounds to believe the individual was attempting to operate or operating a vehicle while under the influence of drugs or alcohol, or both, or had been driving a commercial vehicle when they had drugs or alcohol in their system.

Whether or not the individual in custody or arrested for a drug or alcohol offense or was involved in a collision or accident that resulted in damage to property, personal injury, or death.

Whether or not the law enforcement officer had followed the requirements of K.S.A. 8-1001 of presenting the individual with the oral and written notice. (see, what is the DC-70)

Whether or not the test equipment which was used, was certified by the Kansas Department of Health and Environment. (See, can the breathalyzer be beat)

Whether or not the individual operating the testing equipment was certified by the Kansas Department of Health and Environment. (See, can the breathalyzer be beat)

Whether or not the testing procedures followed substantially complied with the Kansas Department of Health and Environment’s procedures.

Whether or not the test’s result indicated the individual had a BAC of 0.08 or greater.

Whether or not the individual was attempting to operate or operating a vehicle.

What you can talk about if you took the blood test and failed.

Whether or not the law enforcement officer had reasonable grounds to believe the individual was attempting to operate or operating a vehicle while under the influence of drugs or alcohol, or both, or had been driving a commercial vehicle when they had drugs or alcohol in their system.

Whether or not the individual in custody or arrested for a drug or alcohol offense or was involved in a collision or accident that resulted in damage to property, personal injury, or death.

Whether or not the law enforcement officer had followed the requirements of K.S.A. 8-1001 of presenting the individual with the oral and written notice. (see, what is the DC-70)

The reliability of the testing equipment used.

The qualifications of the individual operating the equipment.

Reliability of the testing procedures used.

Whether or not the test’s result indicated the individual had an alcohol concentration of 0.08 or higher in their blood.

Whether or not the individual was attempting to operate or operating a vehicle.

So now that what can be talked about, who will be present is known, what is left to discuss is what evidence can be presented, what is the burden of proof, and who has that burden. The administrative hearing officer nor anyone else present at the hearing will help you with your case. Therefore, it is best that you hire an attorney who has experience at these administrative hearings. This can sometimes be the difference between keeping your driver’s license or not.

What Evidence Can Be Presented At The Hearing?

The evidence which can be presented at the hearing is also limited. The following are the only things which can be presented at the hearing:

Documents that were produced during discovery

The licensee’s testimony

The certifying officer’s testimony

The testimony of any witnesses who were present when the DC-27 was issued, who were requested by the licensee.

Affidavits submitted by other witnesses.

Documents presented by the licensee which show a medical condition.

Any video or audio tape record of the events which this hearing is based upon.

Who’s Burden of Proof Is It at The Administrative Hearing?

The licensee has the burden to prove by a preponderance of the evidence standard that the facts showcased in the officer’s certification are insufficient or false and that dismissal of the order suspending the licensee’s driving license is proper.